RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2003-00492
INDEX CODE: 121.00
COUNSEL: NONE
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
He have 2.5 days of leave restored to his account.
_________________________________________________________________
APPLICANT CONTENDS THAT:
The record is in error or unjust because he lost 2.5 days of leave
from September through October 2002.
In support of his appeal, applicant has attached Leave and Earnings
statements from February through October 2002.
His appeal, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
Applicant is currently serving on a statutory tour with the Air
National Guard Readiness Center and is serving in the grade of Master
Sergeant.
Applicant carried forward 75.0 days of leave into FY 02. Fifteen (15)
days of the leave carried forward were considered Special Leave
Accrual (SLA) days. He accumulated 27.5 days of leave during FY 02
and used a total of 33 days. The last leave he used in FY 02 was 26
Aug through 29 Aug 02. He lost 2.5 days of leave that he accrued in
September 2002.
_________________________________________________________________
AIR FORCE EVALUATION:
ANG/DPPI reviewed this application and recommended denial. The
purpose of SLA is to prevent members from losing accrued leave if they
are unable to take normal leave due to significant and unforeseen
operational mission requirements. Authorized members are allowed up
to 30 days of SLA. They are ineligible for SLA accrual if, after
returning from deployment, they had the opportunity to use leave but
failed to do so. Members applying for SLA are only able to recoup the
amount of lost leave that they would not normally have had the
opportunity to use prior to the end of the FY in which it was accrued.
Otherwise, members have up to 3 FY’s to use accrued SLA. Therefore,
the 2.5 days he lost was the leave he accrued for the month of Sep 02.
He lost those days because he failed to use them prior to 1 Oct 2002.
ANG/DPPI’s evaluation, with attachments, is at Exhibit C.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation was forwarded to the applicant on 4
April 2003 for review and comment within 30 days. As of this date,
this office has received no response.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law
or regulations.
2. The application was timely filed.
3. Sufficient relevant evidence has been presented to demonstrate the
existence of an error or injustice. After reviewing the evidence of
record, we are persuaded that the applicant misunderstood Special Leave
Accrual (SLA) program rules surrounding use of his leave. Although the
applicant has not submitted evidence showing that he was miscounseled, we
found the rules governing SLA leave very confusing and believe the
applicant would have used the leave had he known of the applicable rules.
Therefore, we recommend his records be corrected to the extent indicated
below.
_________________________________________________________________
THE BOARD RECOMMENDS THAT:
The pertinent military records of the Department of the Air Force relating
to APPLICANT be corrected to show that 2.5 days of leave were added to his
leave account commencing 2 October 2002.
_________________________________________________________________
The following members of the Board considered AFBCMR Docket Number BC-
2003-00492 in Executive Session on 5 June 2003, under the provisions
of AFI 36-2603:
Mr. Robert S. Boyd, Panel Chair
Ms. Kathleen F. Graham, Member
Mr. James A. Wolffe, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 7 Feb 03, w/atchs.
Exhibit B. Letter, ANG/DPPI, dated 20 Mar 03, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 4 Apr 03.
ROBERT S. BOYD
Panel Chair
DEPARTMENT OF THE AIR FORCE
WASHINGTON DC
[pic]
Office Of The Assistant Secretary
BC-2003-00492
MEMORANDUM FOR THE CHIEF OF STAFF
Having received and considered the recommendation of the Air Force
Board for Correction of Military Records and under the authority of Section
1552, Title 10, United States Code (70A Stat 116), it is directed that:
The pertinent military records of the Department of the Air Force
relating to APPLICANT, be corrected to show that 2.5 days of leave were
added to his balance commencing 2 October 2002.
JOE G. LINEBERGER
Director
Air Force Review Boards Agency
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